The Montreal Convention: Your Baggage Rights Framework

The Montreal Convention 1999 is the primary international treaty governing airline liability for baggage issues. It applies to most international flights and has been adopted by over 130 countries, including all EU member states, the USA, Canada, and Australia. Under this convention, airlines are liable for loss, delay, or damage to checked baggage up to a specific limit (expressed in Special Drawing Rights, or SDRs).

As of the most recent adjustment, the limit is approximately 1,131 SDR per passenger (roughly €1,300–€1,400, though this fluctuates with exchange rates).

Delayed Baggage: What to Do at the Airport

If your bag doesn't arrive on the carousel, act immediately. Do not leave the airport without completing these steps:

  1. Report to the airline's baggage desk — before leaving the baggage claim area
  2. File a Property Irregularity Report (PIR) — this is the formal record of your missing bag; get a copy
  3. Note your PIR reference number — you'll need it for all future correspondence
  4. Ask about the airline's interim expenses policy — many airlines will reimburse reasonable costs for essentials

Once a PIR is filed, the airline will begin tracing your bag. Most delayed bags are returned within 24–72 hours.

Claiming for Interim Expenses

While waiting for your bag to be returned, you may need to buy essentials — toiletries, underwear, or clothing for a business meeting. Airlines are typically liable for these reasonable expenses. Keep all receipts and be proportionate in your spending. A €300 outfit when your bag is expected the next morning is unlikely to be fully reimbursed; a €50 emergency kit for overnight essentials is much more defensible.

Submit your expense claim to the airline as soon as your bag is returned, along with your receipts and PIR reference.

Lost Baggage: When Is a Bag Officially "Lost"?

Under the Montreal Convention, baggage is officially considered lost after 21 days with no return. At this point, you can claim for the full value of your bag and its contents, up to the convention's liability limit.

When making a lost baggage claim:

  • List every item in the bag with approximate values
  • Provide receipts where you have them
  • Be honest and realistic — inflated claims are often rejected entirely
  • Check whether your travel insurance covers the shortfall above the airline's limit

Damaged Baggage: Act Quickly

If your bag arrives damaged, you must report it to the airline within 7 days of receiving it. For delayed baggage that arrives damaged, you have 21 days from receipt. Missing these deadlines can invalidate your claim.

Steps for a damaged baggage claim:

  1. Photograph the damage thoroughly before leaving the airport if possible
  2. File a report at the baggage desk
  3. Get a written acknowledgement from the airline
  4. Obtain a repair quote — airlines may repair, replace, or compensate for the bag

What Airlines Are NOT Liable For

Airlines can limit or avoid liability in specific cases:

  • Fragile or perishable items — if they break due to their inherent nature
  • Valuables improperly packed — electronics, jewellery, and cash should never go in checked baggage
  • Items in excess of the liability limit — unless you purchased excess valuation coverage

Travel Insurance: Your Safety Net

Travel insurance often provides more generous cover than the Montreal Convention limit. Before relying solely on the convention, check your policy for:

  • Baggage delay cover (often kicks in after 12–24 hours)
  • Total baggage loss cover (may exceed airline limits)
  • Single item limits (high-value items may need to be declared separately)

Combining your Montreal Convention claim with a travel insurance claim can help you recover the full value of what you lost.